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25-5A-33Provisions for custody action by nonrelinquishing parent.

If one parent of a child relinquishes custody of the child to an emergency medical services provider or a licensed child placement agency as provided in § 25-5A-27, the other parent may file an action for custody of the child. The nonrelinquishing parent shall file such an action within thirty days after the provider or agency accepts custody of the child from the relinquishing parent. In such an action, the nonrelinquishing parent shall prove the following by a preponderance of the evidence:

(1)    He or she is the parent of the child; and

(2)    He or she did not consent to relinquishment of the child's custody to the provider or agency.

Source: SL 2001, ch 132, § 7.

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